Rule JUVENILE RULE 15 - Juvenile Intake and Assessment Center The purpose of Juvenile Intake and Assessment as provided by K.S.A. 75-7023 is to assist juveniles and their families to obtain appropriate services and to gain access to appropriate resources with the goal of preventing further involvement in the juvenile justice system. The provisions of this order are for the purpose of facilitating access to the resources and services provided by the Johnson County Juvenile Intake and Assessment Center.
1. Process. Juveniles brought to the Juvenile Intake and Assessment Center (JIAC) by law enforcement personnel shall be assessed at JIAC.
In addition, law enforcement officers who take juveniles into custody pursuant to K.S.A. 38-2330(a) and amendments thereto, are authorized, at their discretion, to issue to the juvenile and his/her parent(s) or guardian(s) a notice to appear at JIAC in lieu of transport, and to conditionally release the juvenile to the custody of his/her parent(s) or guardian(s). The notice to appear shall be in substantially the form provided in this Order.
The notice to appear shall require the juvenile to contact JIAC by telephone within twenty-four hours of service of the notice for the purpose of scheduling an initial appointment. Copies of all notices to appear issued by any law enforcement officer shall be transmitted to JIAC within 12 hours of issuance. Copies may be transmitted to JIAC by any means, including electronically. Upon JIAC's determination that a juvenile has failed to report pursuant to a notice to appear, JIAC shall notify the Office of the Johnson County District Attorney, which is authorized to use such information in determining future case action.
b. Juveniles who have been transported to JIAC by law enforcement personnel and juveniles who report to JIAC pursuant to a notice to appear shall be assessed by JIAC personnel. Such assessment procedures shall comply with Kansas Supreme Court Order No. 97, K.S.A. 38-1624, K.S.A. 75-7023, and Kansas Attorney General Opinion No. 2001-53. c. Juveniles who have been transported to JIAC and juveniles who report to JIAC pursuant to a notice to appear shall have the form "My Rights" read to him or her. Care shall be taken by JIAC staff to ensure the juvenile understands the form and understands the assessment is a voluntary process. d. Pursuant to K.S.A. (2007 Supp.) 38-2310 and the Criminal History Record Information Act, K.S.A. 22-4701 et seq., JIAC personnel are authorized to have access to the law enforcement records of a juvenile who is subject to JIAC assessment, as well as the law enforcement records of all other persons identified by JIAC staff as having a significant influence on the juvenile. e. The police report and narrative reports may be provided to the District Attorney's Office, Court staff, and other persons or agencies as authorized by K.S.A. 38-1608 and other applicable law. Specific answers to P.O.S.I.T./M.A.Y.S.I.-2 questions shall not be divulged to anyone except as authorized by the Juvenile Justice Authority. Answers to P.O.S.I.T./M.A.Y.S.I.-2 questions are not to be reviewed by any attorney prior to filing. f. JIAC personnel are authorized to conduct an assessment of juveniles and make temporary placement decisions pending court review. Placement options shall include, but are not limited to: release to parent (with or without conditions of bond or house arrest or pre-trial release); placement in foster care or a shelter facility; placement in Johnson County Juvenile Detention (including release from custody prior to court hearing); and any other placement option as approved by the Court. 2. Discovery of Narrative Reports. a. This section applies to filed juvenile offender cases in which a juvenile has been previously assessed at the JIAC, and a written narrative has been prepared and made available to the District Attorney's Office. b. A copy of the narrative shall be made available, upon a written discovery request, to the attorney for the juvenile. c. A copy of the narrative shall not be provided to or made available to the Court except as provided for in K.S.A. 75-7023. d. Attorneys may discuss the contents of the report with their clients, but shall not give a copy of the report to their clients and shall not permit their clients to read or make notes from the reports; except that in cases of abuse to the child or sibling by a parent or guardian, attorneys may not discuss or disclose any contents of the report to their client, parent or guardian. e. The following notice shall be included as part of any order for disclosure of a JIAC narrative. IT IS ORDERED that attorneys may discuss the contents of the report with their client, parent or guardian, but shall not give a copy of the report to their client, parent or guardian, and shall not permit their client, parent or guardian to read or make notes from the report. In cases where the report alleges abuse to a child, the attorney may not discuss or disclose the report to a client, parent or guardian.
IT IS FURTHER ORDERED that failure to comply with the terms of this order, by either an attorney or a party, may be punishable by such sanctions for contempt as the court may determine.
Kan. R. Jud. Dist. JUVENILE RULE 15